Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-02-05

the law allowing debtors 10 give preference
to creditors in general assignments.
Also, of passing n law requiring trustees
to give security.
And also providing for appraiSement OF
goods, etc, conveyed 10y assignments, and
to report by bill or otherwise.
On motion of Mr.. Hoke-
Resolred, That the Committee on Educa-
ton be instructed to inquire into the ex-
pediency of establishing an Industrial
| Department for colored pupils ut StOrer
College, Harper's Ferry, Jefferson county,
and nj king an appropriation OF S2,OOO
therefor, or such other sum rs will be an
equitable share TO the colored people of the
agricultural college endowment received
by the State University.
On motion OF Mr.. Lucas
ResoIred, That the Committee on Claims
aud Grievances be instructed to inquire
whether the property of Storer College, in
Jefferson county, has been taxed for State
purposes contrary to the provisions OF the
Constitution, and whether said illegal tax
should be refunded, and report by bill or
otherwise.
Mr.. Gorrell offered q resolution that the
House meet every day at 3 O'Clock a. IN,
which was adopted.
Mr.. Crockett offered the following:
RcsoIred, That the Judiciary Committee
he instructed TO report n bill providing for
the appointment of an officer who shall
have charge of c~onvicts in the penitentiary
employed in the construction or repair OF
roads.
THE IA BILL.
III. r. 100. on second reading. came up,
and Mr.. Hagans moved that it be indeii-
nitely postponed. This brought on q de-
bate, which was participated in by Messrs.
Chipley, Hagans and Chew. The bill was
for the purpose of adjusting the present law
relating 10 the taxing OF farm products
and making it conform to the Constitution.
Mr.. Chipley said that the bill was for
the benefit of the labOring man. As the
law. is now every bedstead, table and even
the chairs of a mans house are taxed and
when the poor man pays this tax
and then walks past the
building of his employer and sees thOus-
ands of dollars worth Of goods untaXed, he
is struck with the injustice of it. He said
that he represented q farming community,
and that the farmers of the State would all
stand by the constitutional provision but
that they only asked that the law be made
to harmonic with it. He also said that
the persons who were really benefited by
it were the manufacturers, and nail men
and etc, but that the farmers got no good
from it whatever, and as representing them
he asked the passage of the bill.
Mr.. Hagans said that the law rs it now
stood was the Judgment of the General As
sembly of Virginia, under n similar pro-
vision of the Constitution rs that of West
Virginia. That it was we'll understood
in the old State and was n part of the
common law OF the State. That it had
been so understood in the adoption Of the
Constitution of 1863, and again in the
adoption Ofthe Constitution of 1872. That
it was a well known rule of construction
of organic law that the language OF a Con-
%StitutiOn was tn he taken in the sense III
which il was then understood by the peO-
pie adopting il. That the statute exempt
in" the products of the farm for the pre-
ceeding year was passed by the General
Assembly of Virginia with the like prOvIs-
ion of the Constitution of 1853 and 1875,
and all the Legislatures subsequent
thereto had acquiesccd in the construction
that the Legislative branch of the govern
meht had the right 10 exempt the products
OF the farm for the preceding year. That
it Vas true the EXecutivein lSSl-S5-GOv-
ernOr JackSOn-had taken a different view
of the Constitution, but it was not Il queS-
tiOn of doubt among juristS whether the
Executive or Legislative branch of the gov
ernment should have precedence. All
such questions were To he determined by
the Judiciary, and as yet no such
decision was had on this question.
But Gov. Wilson had entertained a different
view and hence the bill rs interpreted by
Gov. Jackson was for the present Il thing
unknown. The friends of this bill had hut
to-day voted unanimously to send to the
committee the amendment of Mr.. Cakes
10 the constitution, which set the matter
at rest completely, il adopted. But he he
lieved that the present bill was simply to
destroy the force of the present Executive,
and ought not to be allowed To have that
effect, besides icing opposed to the utter
est of his constituents.
Mr.. Chew said that it was not 4 question
of party politics at all, but a question OF
duty for the House tn pasS the bill. lie
thought that when n member saw Il con-
hict between the law and the Constitution
il was his duty to correct it, and i'll this
case they hal q statute which directly
violates the Constitution. He said he
WAS surprised at the position taken by the
gentleman from MOnOngalia (Nlr. llagansl
for if he remembered right, in the cOnver-
ton OF ls12, when the law was framed,
he was Il defender Of that clause.
But since that time the gentleman had
turned a complete SomerSault. Like Mr..
Chipley. he thought the members would
see the manifest injustice of the law and
not permit the bill to be indefinitely post
pOned.
The attention of the Speaker WA then
called to the fact that it Was five minutes
past the time for adjournment, and the
House was declared adjourned until to-
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